07/18/2013 Regular Meeting KODIAK ISLAND BOROUGH
Assembly Regular Meeting
July 18, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 18, 2013,
in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The
meeting was called to order at 7:30 p.m.
The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Deputy
Presiding Officer Lynch led the Pledge of Allegiance.
Present were Deputy Presiding Officer Chris Lynch, Assembly members Tuck Bonney, Dave
Kaplan, and Mel Stephens. Staff members present were Manager Bud Cassidy, Community
Development Director Bob Pederson, Engineering and Facilities Department Maintenance
Coordinator Bob Tucker, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn.
BONNEY moved to excuse Mayor Selby who was attending the National Association of
Counties annual conference in Fort Worth, Texas and Assembly members Austerman, Griffin,
and Stutes who were absent due to personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AGENDA AND CONSENT AGENDA
STEPHENS moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
None.
AWARDS AND PRESENTATIONS
Manager Cassidy presented a thirty-year longevity award to Karl Short, Borough Finance
Director.
Manager Cassidy presented the Employee of the Quarter Award to Jack Maker, Code
Enforcement Officer in the Community Development Department.
CITIZENS' COMMENTS
Richard Carstens, Curt Law, Jim Pickett, and Mike Dolph spoke in support of the Fire Protection
Area No. 1 Board's Volunteer Stipend and Length of Service and Special Award Policies.
Sid Pruitt, Jeff Thrasher, and Andy Finke spoke in support of the reconsideration of Ordinance
No. FY2014-02.
Scott Arndt spoke in opposition of Resolution No. FY2014-06.
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July 18, 2013 Page 1239
COMMITTEE REPORTS
Rebecca Nelson, Fire Protection Area No. 1 Board Chairperson, spoke in support of the Board's
Volunteer Stipend and Length of Service and Special Award Policies and Granting Approval to
Start the Process for Naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire
Training Center.
PUBLIC HEARING
A. Ordinance No. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke
Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal
Election.
KAPLAN moved to adopt Ordinance No. FY2014-03.
The ordinance was requested by Assembly members Bonney and Griffin. The purpose of the
ordinance was to submit before the Kodiak Island Borough at the October 1, 2013, Regular
Election the question: "Shall the Kodiak Island Borough adopt a secondhand smoke control
ordinance?" If approved by the voters, the ordinance would become effective January 1, 2014,
and the Borough code would be amended to add a new Chapter 8.50 Secondhand Smoke
Control in Title 8 Health and Safety. The ordinance was reviewed by the Borough Attorney.
KIBC 7.10.025 Propositions and questions stated that an ordinance placing propositions and
questions before the voters must be adopted no later than 53 calendar days before a regular
election. The last day to adopt such an ordinance would be Friday, August 9, 2013.
Deputy Presiding Officer Lynch opened the public hearing.
Mike Gutierrez, Alaska Grassroots Relations Manager for the American Cancer Society Cancer
Action Network, Betty MacTavish, and Danielle Ringer spoke in support of Ordinance No.
FY2014-03.
Kate Ballenger, Maurice Burum, Gerald Markham, George Gatter, Bill Feda, Andy Lundquist,
Iver Malutin, and Niel Burcham spoke in opposition of Ordinance No. FY2014-03.
Deputy Presiding Officer Lynch closed the public hearing.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Bonney, Kaplan, Lynch, and
Stephens.
BOROUGH MANAGER'S REPORT
Manager Cassidy reported on the following:
• Borough Attorney Joe Levesque would be in attendance at the work session of August
8.
• Clean-up of Jack and Lee Lakes project and recognized the parties who volunteered for
or were involved in the project.
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July 18, 2013 Page 1240
• Regarding fireworks occurring on Mill Bay Beach, Borough citizens felt that the fireworks
ordinance should be revisited.
MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Lynch)
None.
UNFINISHED BUSINESS
A. Reconsideration of Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From
B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash
Corporation).
BONNEY moved to reconsider the vote taken on Ordinance No. FY2014-02 Rezoning Lot 21
Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case
No. 13-020, Lash Corporation).
On July 3, 2013, Assembly member Bonney, seconded by Assembly member Griffin, filed a
motion to reconsider the vote taken on Public Hearing Item 9.B Ordinance No. FY2014-02
Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning
District (P&Z Case No. 13-020 Lash Corporation).
BONNEY moved to postpone reconsideration of the vote taken on Ordinance No. FY2014-02 to
the next regular meeting of the Assembly.
ROLL CALL VOTE ON THE MOTION TO POSTPONE FAILED TWO TO TWO: Kaplan and
Bonney (Ayes); Lynch and Stephens (Noes).
ROLL CALL VOTE ON MAIN MOTION FAILED THREE TO ONE: Lynch, Stephens, and Kaplan
(Noes); Bonney (Aye).
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2014-06 Authorizing the Manager to Execute a Sole Source Agreement
with Watterson Construction Company to Perform Kodiak Middle School Concrete Repairs
Phase II Project in the Form of a Change Order to Contract No. FY2013-24.
KAPLAN moved to adopt Resolution No. 2014-06.
The Engineering & Facilities Department was unsuccessful in its attempts to obtain bids for the
Kodiak Middle School Concrete Repairs Phase II project. The scope of work for the project was
to repair concrete walkways and walls surrounding Kodiak Middle School to provide for the
safety of students and public users of the school facilities. KIBC 3.30.070.B Exception to bidding
requirements allowed for an exception to the competitive bid and award rules if the delays
Kodiak Island Borough Assembly Minutes
July 18, 2013 Page 1241
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required for compliance with the bidding requirements would jeopardize the public health or
welfare.
Watterson Construction Company was currently under contract with the Borough to construct
the Kodiak High School Addition & Renovation project, and agreed to perform the Kodiak Middle
School work as a change order to the current contract. The Alaska Department of Education
and Early Development (DEED) agreed to allow the Borough to enter into a sole source
agreement via a change order with Watterson Construction Company, but requested the
Borough Assembly approve the agreement by resolution. Upon approval by DEED, Borough
staff would negotiate the price for the work with Watterson Construction Company and submit a
change order to the Assembly for final approval. Although the work would be approved as a
change order to Contract No. 2013-24, the expense, to be authorized at a later date, would be
charged to Kodiak Middle School Concrete Repairs, which was an approved bond project.
ROLL CALL VOTE ON MOTION FAILED THREE TO ONE: Bonney, Kaplan, and Lynch (Ayes);
Stephens (No).
Ordinances for Introduction
1. Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot
2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To
NU-Natural Use Lands (Case No. 13-027, Landfill).
BONNEY moved to adopt Ordinance No. FY2014-04 in first reading to advance to public
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hearing at the next regular meeting of the Assembly.
The Borough Assembly directed that a rezone of the remainder of the Landfill Tract, not
previously rezoned to I—Industrial, be investigated by the Planning and Zoning Commission for a
rezone to the NU-Natural Use Zoning District, along with Lot 2 of the Sawmill Subdivision.
Direction given also included the charge of investigating the merits of amending Ordinance No.
98-06, the Landfill Greenbelt Ordinance.
The Commission held a public hearing on June 19, 2013 on the rezone request and found the
request was consistent with the goals and objectives of the 2008 Kodiak Island Borough
Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly
approve the rezone request and declined to directly address Ordinance No. 98-06, but rather
referred the matter of the Landfill Greenbelt Ordinance to the Monashka Bay Road Service Area
Board.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Kaplan, Lynch, and
Stephens.
2. Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-
Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak
Island Borough).
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July 18, 2013 Page 1242
KAPLAN moved to adopt Ordinance No. FY2014-05 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The Borough Resource Management Officer identified two parcels of land suitable for disposal
at a future land sale. Assembly Resolution No. FY2013-08 declared the parcels surplus and
eligible for disposal, the Planning and Zoning Commission Case No. S13-023 affected the
subdivision of the land into code compliant parcels. Prior to public disposal, a rezone to a
suitable residential zoning district was required. The adopted plan guidance, and surrounding
neighborhood, indicated that the Rural Residential One Zoning District was the most appropriate
zoning district for the purpose of disposal.
The Commission held a public hearing on June 19, 2013 on this request and found the request
was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive
Plan Update. The Commission voted unanimously to recommend the Assembly approve the
rezone request.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, and
Bonney.
3. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail
Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center).
KAPLAN moved to adopt Ordinance No. FY2014-06 in first reading to advance to public hearing
at the next regular meeting of the Assembly.
The applicant requested a rezone of this parcel in order to allow a more intensive use of the
property than allowed under the current RB-Retail Business zoning designation. The applicant's
projected client base was composed of local and itinerant fishing vessels and crews. The
proximity to the harbor and ease of access to the parcel were judged to be major determinants
in the likelihood of the business venture's success.
This business investment would represent the first significant private capital commitment in any
otherwise underutilized tract already benefitting from major municipal investments in the form of
street and utility improvements.
The Planning and Zoning Commission held a public hearing on June 19, 2013 on the request
and found the request was consistent with the goals and objectives of the 1987 Near Island
Comprehensive Development Plan and the 2008 Kodiak Island Borough Comprehensive Plan
Update. The Commission voted unanimously to recommend the Assembly approve the rezone
request.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Bonney, and
Kaplan.
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4. Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to
Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance
Program (CIAP) Grant.
KAPLAN moved to adopt Ordinance No. FY2014-01A in first reading to advance to public
hearing at the next regular meeting of the Assembly.
The ordinance was to provide for the following adjustments:
• Fund 469 Renewal and Replacement Project #11009 Karluk Underground Storage Tank
bids were higher than anticipated and the project budget would need to be increased
from $292.972 to $412,931, an increase of $119,959.
• Fund 469 Renewal and Replacement Project #12001 North Star Exterior bids were
higher than anticipated and the project budget would need to be increased from
$269,499 to $357,127, an increase of $87,628.
• Fund 469 Renewal and Replacement Project #12007 Larsen Bay Roof bids were higher
than anticipated and the project budget would need to be increased from $545,953 to
$598,200, an increase of$52,247.
• Fund 469 Renewal and Replacement had a contingency balance of $996,015.
• Most of the equipment in the Borough parks were old and in disrepair, this would fund
some of the repairs needed for the parks.
• The Borough received a grant for $2,187,452 through the US Fish & Wildlife Service,
Coastal Impact Assistance Program (CIAP).
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Bonney, Kaplan, and
Lynch.
Other Items
1. Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and
Length of Service and Special Award Policy.
BONNEY moved to approve the Fire Protection Area No. 1 Board's Volunteer Stipend policy
and Length of Service and Special Award policy.
The Fire Protection Area No. 1 Board, an advisory board to the Assembly, adopted the Stipend
Policy and the Length of Service and Special Award Policy documents. These policies affirmed
past practices for those activities. Due to the rising costs for such an award program and since
the Assembly had not reviewed the policies and there was no documentation in the Borough
records found that such a program existed, it was necessary for the Assembly to review and
approve the program. Formally approving such policies would also resolve audit and 1099
issues.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Kaplan, Lynch, and
Stephens.
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2. Per KIBC 12.15, Granting Approval to Start the Process for Naming the Bayside Fire
Training Center to Earl Smith, Jr. Memorial Fire Training Center.
KAPLAN moved to grant approval to start the process for naming the Bayside Fire Training
Center to Earl Smith, Jr. Memorial Fire Training Center and appoint the Fire Protection Area No.
1 Board to serve as the five member citizen panel.
The Fire Protection Area No. 1 Board adopted a resolution on June 18, 2013 requesting the
Borough Assembly officially change the name of the Bayside Fire Training Center to Earl Smith,
Jr. Memorial Fire Training Center.
KIBC 12.15 Buildings, Other Fixed Facilities, and Public Places established the policies in
naming facilities and such action required a two-step process: 1) to approve the request by
Assembly motion and appoint the five-member citizen panel; the citizen panel would review
proposed names, hold public hearings, and identify an appropriate name for the facility and 2)
upon agreement of the citizen panel, a letter advising the Mayor would be dispatched and
attached to a resolution for consideration by the Assembly; the Assembly would hold at least
one public hearing on the naming resolution.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, and
Bonney.
3. Accepting a State Grant in the Amount of $4,529,000 for the Landfill Leachate Treatment
Plant and Related Phase III Improvements.
KAPLAN moved to authorize the Manager to accept a State of Alaska FY2014 Designated
Legislative Grant in the Amount of $4,529,000 for the Landfill Leachate Treatment Plant and
Related Phase III Improvements.
The purpose of the action was to accept a Department of Commerce, Community, and
Economic Development legislative grant for Fiscal Year 2014 in the amount of $4,529,000.
These funds would help pay for the Landfill Leachate Waste Water Treatment Plant and related
Lateral Expansion Phase III project costs.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Bonney, and
Kaplan.
CITIZENS' COMMENTS
None.
ASSEMBLY MEMBER COMMENTS
Assembly member Stephens commented on behalf of Assembly member Stutes regarding
concerns on malfunctioning tsunami sirens in the community.
Kodiak Island Borough Assembly Minutes
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Assembly members Kaplan and Lynch congratulated Mr. Short and Mr. Maker on their awards
and commended the community on its participation with events around the community and for
speaking at the Assembly meetings.
Announcements
The next Assembly work session was scheduled on Thursday, July 25 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, August 1 at
7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Bonney, Kaplan, and
Lynch.
The meeting was adjourned at 9:15 p.m.
KODIAK ISLAND BOROUGH
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ATTEST: Jerome M. Selby, Mayor
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Nova M. Javier, MMC, r.'orough Clerk Approved on: August 15, 2013
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